Partner Visa (Subclass 820/801): Advice on Eligibility Criteria

This assignment consists of a letter of advice addressing the partner visa requirements in Australia, specifically focusing on a client, Ebony, who holds a Bridging E visa and seeks to apply for a partner visa based on her relationship with her partner, Ivory, an Australian citizen. The letter clarifies whether Ebony needs to meet additional validity and eligibility criteria due to not holding a substantive visa. It outlines the necessary steps for Ebony to register her relationship and the documents required for the visa application, including personal particulars, passport copy, and evidence of their relationship. The advice also covers the differences between temporary (subclass 820) and permanent (subclass 801) partner visas and the importance of complying with all relevant regulations, including providing evidence of a registered relationship and a valid Bridging visa. The letter concludes by listing the various documents and evidences needed to support the visa application, ensuring Ebony is well-informed about the requirements for a successful application.

RUNNING HEAD: - Letter of Advice
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Letter of Advice
Module Number

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Letter of Advice
File Reference: 565452332
Mr
Rahman
ZXXXXX
YYYYY
3 March 2019 Dear Mr Ebony Enders and Ivory Caulfield,
Thank you for meeting with me yesterday to discuss your visa requirements as per the details
provided to us,
Summary of Instructions
You are living in Australia on Bridging E visa which is going to expire soon. The Bridging E
visa provides an individual the right to stay lawfully in Australia during the waiting period till
the time the person makes his leaving arrangements, finalise his immigration matter or wait
for the issue of his substantive visa. Hence the Bridging visa is issued to an individual for
lawful stay in Australia until his substantive visa issues. As Ebony holds the Bridging E visa,
she has the right of lawful stay in Australia. However the substantive visa has similar
application format as Bridging visa but have different eligibility criteria hence a person can
apply for a substantive visa and for the time till the substantive visa issues he can have the
Bridging visa to stay in Australia lawfully.
Overview
Ebony is residing with her partner Ivory by holding Bridging visa and now she wants to apply
for the partner visa for further stay in Australia with her husband or de-facto partner Ivory
Caulfield1. Ebony and Ivory are in relationship which is not registered with the authority of
NSW Registry of Births Deaths & Marriages hence they first need to register their
relationship as per the rules and regulation of relevant authorities. For making the application
of partner visa, Ebony will have to follow some validity criteria such as her Bridging E visa
1 Peter Billings, "Crimmigration Law In Australia: Exploring The Operation And Effects Of Mandatory
Visa Cancellation, Immcarceration And Exclusion" [2017] SSRN Electronic Journal.

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should remain valid till the completion of registration of her relationship with Ivory. Hence
the registration should be completed at least before a week of expiration of Ebony’s Bridging
E visa2.
To qualify or apply for the partner visa in Australia it is required that you are either in
married or in a defacto relationship with an Australian citizen or a permanent citizen of
Australia. If Ivory is an Australian citizen or permanent citizen of Australia then Ebony can
easily apply for the partner visa. While applying for such visa all the related queries shall be
asked to the individual regarding her or his relationship status. Ebony is required to mention
whether she is in married or defacto relationship and how long they have been residing
together3. The partner visa in Australia falls under subclass 820 and 801. The Australian
authorities offer two kind of partner visa i.e. permanent or temporary partner visa. The
eligibility criteria for both visa is similar except few conditions. The person applying for
partner visa should be the married or defacto partner of an Australian citizen or permanent
citizen. Their relationship must be registered with the relevant authority of Australia. In
subclass 820, the temporary partner visa shall be issued which allows a temporary stay to the
individual and it leads eventually to the permanent partner visa. On the other hand subclass
801 deals with the permanent partner visa which has similar conditions except the term that
the applicant should hold the temporary partner visa. In both the subclasses of visa the
applicant must be in Australia while applying for the visa. Hence Ebony needs to register her
relationship first and then she is required to comply with the conditions specified under
subclass 820 and 801 for partner visa4.
In addition to this several other regulations and terms are required to be follow by the Ebony
such as she should contain the document of her registered relationship and should also
contain a valid Bridging visa with active validity. However she does not hold the substantive
visa hence she cannot lawfully stay for an unlimited period in Australia. Also the partner of
Ebony must be an Australian citizen or the permanent citizen of Australia or else she would
not be able to apply for the partner visa under the capacity of a partner of Australian citizen.
However an eligible New Zealand citizen living Australia temporarily or permanently can
2 "Partner Visa (Apply In Australia) (Subclass 820 And 801)", Immi.Homeaffairs.Gov.Au (Webpage,
2020) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore>.
3 "Are You Eligible For A Partner Visa? | Partner Visa Australia | Spouse Visa", Australian Immigration
Specialists (Webpage, 2020) <https://www.immiaustralia.com.au/partner-visas/>.
4 "Migration Act 1958 - Specification - Substantive Visa Classes - IMMI
07/048", Legislation.Gov.Au (Webpage, 2020) <https://www.legislation.gov.au/Details/F2007L02531>.

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also be considered as an Australian citizen for the purpose of applying the partner visa. The
applicant is required to submit or upload several evidences and documents while making an
application under subclass 801 and 820.
Conclusion
Ebony is required to attach the personal particulars under form 80 for the character
assessment5. Also the intention to stay further in Australia is needed to be disclosed. As she is
not an Australian citizen hence she needs to upload the passport copy with the application. As
she is applying for the partner visa hence the registered relationship documents are also
required to be uploaded6. Other than these documents a national identity document of her,
travel documents, family register or composition form, details of residential address &
contact, recent photograph, length of defacto relationship, nature of household, medical
examination report, declaration by a supporting witness, details of partner and several other
documents with the valid evidences to prove their legality. Date of birth and additional
personal particulars are also required to be attached with the application by Ebony. She can
apply for temporary and permanent partner visa all together and fee for the application will
be imposed on her accordingly. Till the time she will receive her permanent partner visa she
can stay in Australia with the temporary partner visa
With Regards,
Terry
5 "Bridging Visas - Temporary Visas To Immigrate To Australia And Stay Lawful", Visa Australia -
Immigration Lawyers & Registered Migration Agents (Webpage, 2020)
<https://visaaustralia.com.au/australian-visas/bridging-visas/>.
6 "Document Checklist Australia Partner Visa 2019, Partner Migration –
Aptechvisa", Aptechvisa.Com (Webpage, 2020)
<https://www.aptechvisa.com/australia-immigration/document-checklist-australia-partner-visa>.

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References:
Billings, Peter, "Crimmigration Law In Australia: Exploring The Operation And Effects Of Mandatory
Visa Cancellation, Immcarceration And Exclusion" [2017] SSRN Electronic Journal
"Partner Visa (Apply In Australia) (Subclass 820 And 801)", Immi.Homeaffairs.Gov.Au (Webpage,
2020) https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore
"Are You Eligible For A Partner Visa? | Partner Visa Australia | Spouse Visa", Australian Immigration
Specialists (Webpage, 2020) https://www.immiaustralia.com.au/partner-visas/
"Migration Act 1958 - Specification - Substantive Visa Classes - IMMI
07/048", Legislation.Gov.Au (Webpage, 2020) https://www.legislation.gov.au/Details/F2007L02531
"Bridging Visas - Temporary Visas To Immigrate To Australia And Stay Lawful", Visa Australia -
Immigration Lawyers & Registered Migration Agents (Webpage, 2020)
https://visaaustralia.com.au/australian-visas/bridging-visas/
"Document Checklist Australia Partner Visa 2019, Partner Migration –
Aptechvisa", Aptechvisa.Com (Webpage, 2020)
<https://www.aptechvisa.com/australia-immigration/document-checklist-australia-partner-visa>